Drink or Drug Driving (Defendant) - Summary Hearing (Contested Trial)

Purpose of this Guide: Use this fork when your client denies the charge or there are genuine technical or procedural grounds to contest the drink or drug driving allegation at a summary hearing in the Queensland Magistrates Court. This plan covers the full contested pathway from entering a not-guilty plea through to the hearing and judgment.\n\nJurisdiction: under the (Qld) and the Justices Act 1886 (Qld) governing summary proceedings. A contested drink driving matter is heard summarily before a single Magistrate.\n\nThe Process at a Glance: The lawyer enters a plea of not guilty at the first court appearance and requests an adjournment for the full brief of evidence. The brief is reviewed in detail, with particular attention to the arresting officer's observations, the breath or saliva analysis certificate, the machine calibration records, and the chain of custody for any blood samples. Where technical defences exist - such as the two-hour rule, mouth alcohol contamination, or equipment calibration defects - a formal section 80 challenge notice must be served on the prosecution within the prescribed timeframe. Case conferences are conducted with the police prosecutor to identify contested issues and explore resolution. Witness summonses may be required to compel the attendance of the breath analysis operator or equipment maintenance records. At the summary hearing, the prosecution bears the onus of proving the charge beyond reasonable doubt. The lawyer cross-examines the arresting officer and any technical witnesses, calls the defendant if appropriate, and delivers closing submissions challenging the sufficiency of the evidence.\n\nKey Legislation and Case Law: - s 79 (drink driving offences and evidentiary effect of breath analysis certificates), s 80 (formal challenge procedure for contesting breath analysis evidence - notice must be served within the prescribed period or the certificate is conclusive evidence of the BAC). Justices Act 1886 (Qld) governs the summary hearing procedure and witness compulsion by summons. The prosecution bears the criminal standard of proof: beyond reasonable doubt. Technical defences include the two-hour rule (the BAC must be taken within two hours of driving), mouth alcohol contamination from recent burping or regurgitation, instrument malfunction or calibration error, and improper administration of the breath test. Drug driving defences may include challenging the reliability of the oral fluid analysis or the chain of custody of the sample.